12-87 New Sect 149.17 & 149.171 - residence requirements

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PLEASE SUBSTITUTE FOR ORDINANCE 12-87 REFERRED TO COMMITTEE OF THE WHOLE ON FEBRUARY 17, 1987. ORDINANCE NO. 12-87 BY: Brown, Chinnock, Gal lagher, Salmon, Wend]ing AN EMERGENCY ORDINANCE enacting new Section 149.17 and 149.171 of the Administrative Code of the Codified Ordinances of the City of Lakewood to establish residence requirements for City employees. WHEREAS, this Council determines that there is a compelling governmental interest to establish appropriate residential requirements for employees of the City, and WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, OF OHIO: BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE Section 1. That the Administrative Code of the Codified Ordinances of the City of Lakewood is hereby supplemented by enacting new Section 149.17 and 147.171 thereof to read as follows: 149.17 RESIDENCE REQUIREMENTS. (a) Applicants for a position as a sworn member of the Division of Police and the Division of Fire of the City shall be disqualified for appointment unless they are bona fide residents of the area outlined in the residence requirement map as set forth in Section 149.171 hereof, but a person who is not a resident of the area designated in Section 149.171, may be appointed provided that within six (6) months of appointment such person becomes a resident. Failure to comply with the terms and conditions of this Section shall result in automatic termination and forfeiture of office or position. (b) Where, due to part-time requirements or unique skill requirements or location of work or other reasons, imposition of the residency requirement set forth in paragraph (a) hereof is impractical or otherwise precludes securing service necessary for the good of the City, positions may be exempted from such requirement by ordinance of Council. (c) The term "resident" as used in the within section shall be construed to mean the maintaining of a residence which is the actual bona fide domicile of the individual where he or she noramlly eats, sleeps, maintains normal household and personal effects, and represents as his or her domiciliary address for purposes of taxation, license registration, voting and otherwise. (d) Except as the Amended Charter may otherwise specifically provide, no sworn member of the Division of Police or the Division of Fire employed prior to the effective date of this section shall be required by or pursuant to any order, rule or other action adopted or taken by any official, board, or commission of the City, to reside within the area designated in Section 149.171 as a condition to: 1